Indiana fence laws?

[lovemachine]

I'm wanting to find out what the Indiana laws are about fences.

Is it better to put up a fence ON your property line, or INSIDE the property line?
If the fence is inside the line, lets say 5 feet, can your neighbor claim that 5 feet as his?
If your fence is damaged, who pays for it?
I have read where neighbors have to pay half the cost of a fence, is this accurate?
If the fence is on the line, does your neighbor now own half of it?

I have tried looking up the info myself, but have found it very confusing. I'm hoping someone on INGO has more knowledge about this topic.

Thanks!

 

[Vamptepes]

Put it on the line. The neighbor can't claim the property as his if you put it inside. Typically it's 8 foot in back and 4 foot in front. With the fence dropping to 4 foot with the front of your house. Obviously have the markers come out and spray and mark utilities. As for replacement, I don't believe they have to help pay since a fence isn't necessary.

 

[IndyGunworks]

If you plan to use spray to maintain the fenceline, I would put it at least a few inches onto your side, otherwise a bad neighbor could take you to court for damaging/killing "his" grass.

If you plan on mowing, put it far enough back that you can mow w/out trespassing

If the neighbor isn't going to get DIRECT use (like keeping HIS livestock in using part of your fence) then don't be a dick and expect them to pay for half.

The half rule would only apply for ag fences in money making operations, and I don't believe it applies to privacy fences.

 

[IndyGunworks]

also, what type of fence are you planning on putting up? If close to east central, maybe we can help each other out... I will be putting up about 300 yards of 5 foot cattle fence, so I could help you in trade for you helping me.

 

[GodFearinGunTotin]

Tagging for interest.

 

[CHCRandy]

I install a lot of privacy fences and I have had customers do all of the above. Some have out surveyors and put it on the line, some go inside the line then continue to mow the outside of fence to what they think is the property line. I have had a case or 2 where people put up fences and then neighbors hired survey and found fence to be on their property...and then they make the fence be moved.

If you have a prick neighbor.....I would suggest you get a survey or go inside the line......but then you must maintain outside the fence. If your neighbor maintains it for 10 years, it's his.

If your fence is damaged you pay for it......just like if your neighbors tree falls on your house or car........your insurance covers damage, not the neighbor who owns the tree.

 

[lovemachine]

My parents are wanting a chain link fence around the property, and surrounding their house is farmland. They were curious about that type of situation.

Me, I'd love to put up a privacy fence in my back yard, and I currently have 2 neighbors.

 

[GodFearinGunTotin]

I install a lot of privacy fences and I have had customers do all of the above. Some have out surveyors and put it on the line, some go inside the line then continue to mow the outside of fence to what they think is the property line. I have had a case or 2 where people put up fences and then neighbors hired survey and found fence to be on their property...and then they make the fence be moved.

If you have a prick neighbor.....I would suggest you get a survey or go inside the line......but then you must maintain outside the fence. If your neighbor maintains it for 10 years, it's his.

If your fence is damaged you pay for it......just like if your neighbors tree falls on your house or car........your insurance covers damage, not the neighbor who owns the tree.

Could you expand upon the bolded part? Is there Indiana law referencing this? I am aware of quiet title (I think it's called). But the neighbor has to pay the taxes on the part of the property for 10 years before he can claim it as his, plus some legal notifications, get a ruling, etc. But it's been a while since I've read up on this so I may be off a little.

 

[Hkindiana]

I remember reading that the "paying taxes part" did not apply to fence lines.

 

[GodFearinGunTotin]

I found this. See the part about adverse possession:


https://www.extension.purdue.edu/extmedia/ec/ec-657.pdf

 

[eldirector]

I'll defer to others on the legal stuff.

In my situation, I dropped the fence right on the utility easement at the rear of my lot, and 8 feet inside the property line at the sides. My reasoning was that I didn't want to remove the fence if I (or utility workers) needed access to the easement. There is just enough room to get equipment through.

Another neighbor had planted trees and put part of a fence in the easement. When the electric company needed to do some work, they just cut the trees down, and pulled the fence and stacked it to the side.

If I didn't have that utility easement, I'd be dropping posts right on the line. Good fences making good neighbors, and all that....

 

[IndyGunworks]

That was a very vague article about fence laws.... Has me wanting to ask more questions than it answered... It didn't really touch on the difference of fencing IN vs. fencing OUT when it comes to sharing the cost, or maintaining the fence.

 

[Brandon]

We put ours 2 mower widths inside the line on the sides and about 10 feet from the line in the back. We had a conversation with the neighbors about having it on the line and they claimed they did not want to mow next to it. We said ok no problem... now a neighbor on one side mows right to it The other neighbor cuts his yard and no more.

A 730' project I hope to never have to do again! Good luck OP/everyone else wanting to put a fence up.

I really don't have the answer but wouldn't the cost be split only if the neighbor wants to use one side of it to help fence in his yard/property?

 

[IndyGunworks]

It sounds like the splitting the cost thing is only if the property on either side is used for agricultural purposes.

 

[Gluemanz28]

Just do what I did. I told my neighbor I was going to start sunbathing in a Speedo. A week later he put up a privacy fence and even paid for it all.

 

[IndyGunworks]

One of my neighbors would be really ticked to see this article.... He isn't zoned ag, but keeps livestock on his property which would make him liable for half the common fence.

 

[Mr Evilwrench]

I always understood you should put the fence about a foot inside the line, but I don't know that the neighbor gets adverse possession just for mowing up to it, especially if it's just a sliver. I have a utility easement across the back, so my fence doesn't go all the way out. The neighbor to the south had a mowing crew that damaged the chain link pretty badly, and I never managed to get them to fork over any cash before one of my own trees dropped a branch and mashed it for real. It was definitely their fault and my fence, though.

You are entitled to cross into the neighbor's property to maintain your own stuff, trees, fences, whatever, and you are also entitled to cut any branches of a neighbor's tree that extend over your property.

 

[flatlander]

Just remember, the "cool" neighbors you have today, might not be there in 5 years. Prepare for the worst case when dealing with property lines and CYA.


Bob

 

[Mr Evilwrench]

Yeah, I've run off a good few neighbors since I've been here.

 

[CHCRandy]

Could you expand upon the bolded part? Is there Indiana law referencing this? I am aware of quiet title (I think it's called). But the neighbor has to pay the taxes on the part of the property for 10 years before he can claim it as his, plus some legal notifications, get a ruling, etc. But it's been a while since I've read up on this so I may be off a little.

I think it is adverse possession, as you mentioned...but I am not 100% sure.

I just know a guy who bought a house with an easement alley running behind it, here in Danville, that no one maintained. The alley led to nothing but a dead end. So he started mowing and taking care of it and was able to then claim ownership. I am sure there is more to it....but not sure of details of the law.

That is like the log cabin rule. Many people don't even know it exists and your courthouse will lie to you and tell you it don't exist. But it does exist.